HomeMy WebLinkAboutR-1995-150 CH2M HillRESOLUTION NO... R-95- 150
A RESOLUTION authorizing execution of a contract for engineering seMviceslh
CH2M-Hill.
WHEREAS, the City of Yakima has need for consulting engineering services
necessary to produce the Water Treatment Plant Intake Modification Study; and
WHEREAS, the City does not possess adequate in-house engineering staff to
perform the necessary,work involved in the development of said study; and
WHEREAS, the City of Yakima has complied with the provisions of RCW 3980
which concerns the procurement of engineering and architectural services by a city;
and
WHEREAS, the City Council deems it to be in the best interest of the City to
contract with CH2M-Hill, for the engineering services necessary to produce the Water
Treatment Plant Intake Modification Studys now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager, City Clerk, and the Assistant City Manager are hereby
authorized and directed to execute the attached and incorporated "Agreement" together
with its attachments, including Task Orders 1 through'5:
ADOPTED BY THE CITY COUNCIL this % "day of , 1995.
ATTEST:
Mayor
City Clerk
AGREEMENT
This Agreement, made and entered into this 24th day of October , 199 5 , by and
between the City of Yakima, Washington, hereinafter called the "CITY", and CH2M-Hill, Consulting
Engineers, hereinafter called "ENGINEER", is for the provision by the Engineer to the City,
professional services in support of City's Naches Water Treatment Plant Intake Modification Study.
In consideration of the covenants and agreements contained herein, and the terms and conditions
hereof, the parties agree as follows:
the Engineer shall provide services to develop conceptual design recommendations,
assistance with regulatory agency review, and preparation of a final report for the Water
Treatment Plant Intake Modification, said study to be used by the City in budgeting and
developing construction plans and specifications for the approved modification(s).
1. SERVICES Engineer shall provide the City, professional consulting engineering services
through a series of task orders as provided in Section 2, below. The professional services to which
the parties may agree by task orders may include, but are not limited to those listed in Exhibit A,
attached hereto and by this reference incorporated herein.
2. TASK ORDERS Prior to commencement of any services, the City and Engineer shall
mutually agree upon and execute a task order for the specified services. The task order shall
describe the services to be provided, the time for performance of the service, the provisions for fees
for the services, and any provisions additional to this agreement. Execution of this Agreement and
Task Order No., 1 by the City and the Engineer authorizes the Engineer to proceed with the services
described in Task Order No., 1. Execution of each subsequent task order shall incorporate each
subsequent task order into this agreement The execution of this agreement does not obligate either
of the parties hereto to provide or accept any services unless and until the parties have mutually
agreed upon and executed a specific task order for such services.
3. TIME PERIOD FOR PERFORMANCE OF SERVICES The Engineer shall commence such
services as are described on executed task orders in accordance with the time schedule set forth
therein, and shall proceed with the provision of such services in a diligent manner. The Engineer
shall not be responsible for delays caused by factors beyond the Engineer's control or which could
not reasonably have been foreseen by the parties at the time the task order was executed. The
anticipated schedule of man-hours, and time for completion of the project is shown as Exhibit B.
4. PAYMENT TO ENGINEER
A. Fees for Services. For each specified task order executed by the parties, the payment to be
made to the Engineer for services performed shall be either (1) a fixed fee amount, or (2) pay
the Engineer utilizing the hourly rate and expense schedule, "Fee Schedule", attached hereto
as Exhibit C and by this reference incorporated herein. Said fee Schedule is subject to
revision by the Engineer not sooner than one year after the execution of this agreement, and
no more that once each year thereafter. Under the fee schedule method, the parties shall
agree on an amount which represents the maximum fee to which Engineer shall be entitled
under that task order. That amount shall represent the best estimate of the parties of the
maximum cost of the Engineer's services specified in that task order. In the event the cost
of services will exceed that estimate, the Engineer shall advise the City in advance, and in
writing of such excess costs and shall provide no services in excess of the original estimated
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costs, without written approval of the City.
B. Estimated Fees. The estimated fees for anticipated task orders are shown in Exhibit A.
C. Renegotiation of Fees. The Engineer reserves the right to renegotiate the fee or estimate of
fee specified in any task order if the scope of services as specified in the task order is
modified by the City or by others or by conditions beyond the control of the parties hereto,
whereupon additional expenses shall be incurred by the Engineer. The City and the Engineer
shall agree to such a change in fee and services in writing prior to the Engineer's provision
of such modified or changed services.
D. Time of Payments. Engineer shall periodically submit invoices for the un -billed portion of the
services completed to that date. City agrees to pay the invoiced amounts within 30 days from
the date of receipt of the invoice.
E. Payment in the Event of Termination. In the event of termination of this Agreement, Engineer
shall be compensated for services performed under this Agreement to the date of termination
in accordance with the terms above.
F. Permits and Advertising. City shall pay all regulatory permitting and advertising fees and all
other project fees normally paid by the City for public works projects.
5. STANDARD OF PERFORMANCE Engineer shall perform his services in accordance with
generally accepted engineering and consulting standards and shall be responsible for the technical
soundness and accuracy of all work and services furnished pursuant to this Agreement. The work
performed under this agreement for professional services shall be done under the direct supervision
of Richard V. Haapala who will serve as Project Manager. It is agreed that other staff members may
perform tasks under Mr. Haapala's direction. However, should Mr. Richard V. Haapala be unavailable
to serve as Project Manager, this agreement will be subject to immediate termination.
6. TERMINATION Either party may terminate this Agreement at any time upon 30 days written
notice to the other party.
7. OPINIONS OF COST Engineer has no control over the cost of labor, materials, equipment,
or services provided by parties other than Engineer and its subcontractors. Engineer has no control
over contractor's methods of determining prices, or other competitive bidding conditions or market
conditions, and its opinions of probable project or construction costs are to be made on the basis
of its experience with the construction industry. However, Engineer cannot and does not guarantee
that proposals, bids, or actual project or construction costs will not vary from the opinions of probable
costs prepared by the Engineer.
8. CONSTRUCTION AND SAFETY Engineer shall not be responsible for the means, methods,
techniques, sequences, or procedures of construction selected by contractors or the safety
precautions and programs and programs incident to the work of contractors.
9. OWNERSHIP OF DOCUMENTS The originals of all documents, including drawings and
specifications, prepared by the Engineer shall remain the property of the Engineer. The Engineer
shall provide the City with reproducible and/or non -reproducible copies of the documents, drawings,
and specifications, and other work products as specified in each task order. It may further be
required that the engineer provided additional copies on computer media of all documents, drawings,
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and specifications, and other work products as specified in each task order. Such documents,
drawings, and specifications are not intended or represented by the Engineer to be suitable for reuse
by the City or others on extensions of the services provided for the intended project or on any other
project. Any reuse without the written verification or adaptation by the Engineer will be at the City's
sole risk and without liability or exposure to the Engineer, and the City shall indemnify and hold
harmless the Engineer from all loses, claims, damages, and expenses, including attorney's fees
arising out of or resulting therefrom. Any such verifications or adaptations by the Engineer will entitle
the Engineer to further compensation at rates agreed to by the parties.
Engineer shall provide a reproducible copy of the final record drawings showing the construction
project measurements when authorized to do so by task order.
10. DESIGN INTENT Engineer shall prepare design documents, drawings, and specifications
with the understanding that he may be observing the quality and progress of resulting construction,
for compliance with the intent design, and furthermore that such observation of any construction will
be compensated by the City at the rates agreed upon by the parties hereto.
11. INDEMNITY The Engineer shall defend, indemnify, and hold harmless City from any and all
claims or liabilities, including attomeys fees, arising out of Engineer's negligent performance of this
Agreement.
Engineer shall comply with all federal govemment, state and local laws and ordinances
applicable to the work to be performed under this Agreement.
Prior to beginning work under this Agreement, Engineer shall provide "Certificates of
Insurance" as evidence that policies providing the following coverage and limits of insurance
are in full force and effect.
A. General Comprehensive Liability
With respect to liability for injuries to or death of persons and with respect to liability
for destruction of or damages to property, the insurance coverage shall be $500,000
combined single limit and such coverage shall include the special provisions listed
below:
1. The City, its officers, employees, and agents shall be named as an additional
insured and the coverage shall be applicable to and protect the City, its officers,
employees, and agents from liability arising from or relating to Engineer's activities
relating to this Agreement. Such insurance shall be primary and other insurance
maintained or carried by the City shall be separate and distinct and shall nor be
contributing with the insurance listed hereunder.
2. Such insurance shall not include explosion, collapse, or underground
exclusions commonly referred to as the "XCU" hazards.
B. Automobile Comprehensive Liability
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With respect to liability for injury to or death of persons and with respect to liability for
destruction of or damage to property, the City, its officers, employees, and agents
shall be named insured and the insurance coverage shall be $500,000 combined
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single limit. Such insurance shall be primary and other insurance maintained or
carried by the City shall be separate and distinct and shall not be contributing with the
insurance listed hereunder.
Failure of either or all of the named insured to report a claim under such insurance shall not
prejudice the rights of the City, its officers, employees, and agents thereunder. The City, its officers,
employees, and agents will have no obligation for the payment of premiums because of its being
named as insured under such insurance.
Prior to beginning work for property acquisition, development of contract plans and specifications,
and construction management, the Engineer or its subcontractors shall provide evidence of errors
and omissions coverage for a minimum of $250,000.
City shall defend, indemnify and hold Engineer harmless from all claims or liabilities, including
attorney's fees, arising out of City's negligent acts.
12. ATTORNEY'S FEES In the event suit or legal action is instituted to enforce any of the terms
or conditions of this Agreement, venue shall be in Superior Court for Yakima County. The losing
party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute,
such sum as the court may judge reasonable as attomey's fees in such suit or action, in both trial
and appellate courts.
13. ADDITIONAL SERVICES At the City's option and direction, Engineer shall provide additional
engineering, observation, and/or planning services as authorized by mutually agreed task orders.
14. INDEPENDENT CONTRACTOR The parties intend that Consultant at all times be an
independent contractor and not an employee of the City, and shall not be entitled to compensation
or benefit of any kind except as specifically provided for herein.
15. GOVERNING LAWS This Agreement is governed by the laws of the State of Washington.
16. COMPLETE AGREEMENT
This agreement and referenced attachments contains the complete and integrated understanding
and agreement between the parties and supersedes any understanding, agreement or negotiation
whether oral or written not set forth herein. Amendments, changes, or modifications hereto shall not
be valid unless in writing and duly executed by both parties.
17. NO THIRD PARTY BENEFICIARIES OTHER THAN THE STATE OF WASHINGTON The
agreement gives no rights to anyone other than the City , Engineer, and the State of Washington,
and has no other third -party beneficiaries.
18. ASSIGNMENT Neither party to this Agreement shall assign the Agreement, nor any interest
arising herein, without the written consent of the other. The Engineer, with the City's consent, shall
be authorized to employ or subcontract with any other party or entity it deems necessary for the
performance of any of the services to be provided by the Engineer pursuant to the terms of this
Agreement.
19. SEVERABILITY OF AGREEMENT In the event arty of the terms or clauses of this
Agreement is held to be illegal or unenforceable by any court or arbitrator, the remaining clauses and
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terms shall continue in full force and effect and shall be enforceable.
20. MINORITY- AND WOMAN -OWNED BUSINESS: CITY -SPECIFIED SUBCONTRACTORS
Engineer will comply with the City's directives in utilizing the services of City -specified subcontractors
and/or minority and women -owned businesses on the Project. The firm selected by Engineer to meet
said directives will be subject to approval by the City.
Engineers liability arising from the work of said subcontractors or businesses is limited to proceeds
available from their insurance.
CH2M-Hill
By:
CITY -OFA YAKIMA
By:
Richard V. Haapala, P.E. Richard A. Zais Jr.
City Manager
WITNESSES:
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ATTEST:
Karen S. Roberts
City Clerk
V
EXHIBIT A
TASK ORDER(S) & ESTIMATED FEES
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Task Order No 1: Define Major Concerns and Alternatives
This task will consist of meeting with City staff to discuss major project concerns, visit the site of the
project for a thorough investigation of all known deficiencies relating the to intake problems, and to
collect all available background data from the City, including such items as, but not limited to
correspondences, drawings, and all other design information.
1 a: Determine Water Elevation Control needs
(Permanent diversion dam, inflatable dam, or possible modifications to existing
facilities)
1 b: Determine Turbidity, Debris, Ice and Fish Control necessary
(Subsurface intake, alternate intake locations, fish screens, etc,)
1 c: Determine need to modify existing structures
(River intake gates, walls, screens, radial gates, etc.)
Time allocated to accomplish this task shall be in accord the time line set forth in Exhibit B of
this Agreement.
Task Order No. 1: Authorization to Proceed.
City of Yakima
i�.
By: Glenn Vie, Assistant City Manager Date
Engineer
By: ichard V. H pala, P.E. I 0/24f /957
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Task Order No 2: As .mble Elements Identified in ask #1 into Specific
Alternatives
Working closely with City staff, compile data into a draft report that defines the various alternatives.
A brief discussion will be presented to address key issues associated with each of the alternatives.
This discussion will include basic cost data for the type of construction/re-construction associated
with each of the alternatives. At this time the Engineer and the City shall attempt to identify the
preferred altemative based on preliminary data available. This will be preparatory to undertaking
communications with the various regulatory agencies, and preparatory to establishing design
standards.
Time allocated to accomplish this task shall be in accord the time line set forth in Exhibit B of
this Agreement.
Task Order No. 2: Authorization to Proceed.
City of Yakima
By: Glenn Rice, Assistant City Manager Date
Engineer
By: Richard V. Haapala, P.E. Date
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Task Order .4o 3: Review with Regulatory .Agencies
Initial contacts will be made with the regulatory agencies, ie., Fisheries, Bureau of Reclamation,
Health, Corps of Engineers, PP&L, etc.
Where deemed appropriate and/or feasible these reviews will be utilized for further direction in
the development of the intake modification project.
Time allocated to accomplish this task shall be in accord the time line set forth in Exhibit B
of this Agreement.
Task Order No. 3: Authorization to Proceed.
City of Yakima
By: Glenn Rice, Assistant City Manager Date
Engineer
By: Richard V. Haapala, P.E.
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Task Order No 4: Incorporate Comments of Regulatory Agencies
Where deemed appropriate and/or feasible by the City and the Engineer make application of the
suggestions and requirements to the various altematives being considered. Select preferred
altemative and prepare conceptual cost estimates.
Prepare a draft report for review by the City.
Time allocated to accomplish this task shall be in accord the time line set forth in Exhibit B
of this Agreement.
Task Order No. 4: Authorization to Proceed.
City of Yakima
By: Glenn Rice, Assistant City Manager Date
Engineer
By: Richard V. Haapala, P.E.
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Task Order No 5: Produce Summary Report, with recommendations
Prepare final report and submit for approval by the City.
Time allocated to accomplish this task shall be in accord the time line set forth in Exhibit B
of this Agreement.
Task Order No. 5: Authorization to Proceed.
City of Yakima
By: Glenn Rice, Assistant City Manager Date
Engineer
By: Richard V. Haapala, P.E.
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ESTIMMTED MAXIMUM FEES FOR TASK OFcvERS
Task Estimated Costs
1. DEFINE FEATURES $ 5,000.00
2. ASSEMBLE ELEMENTS 5,000.00
3. REGULATORY REVIEWS 500.00
4. REGULATORY COMMENTS 2,000.00
5. SUMMARY W/RECOMMENDATIONS 2,500.00
Total of All Tasks $ 15,000.00
The fees listed above, are "estimated" and are the best estimates of the parties at the time this
agreement was executed. The fees to be paid the Engineer are dependent upon actual time
required to accomplish each task. For this reason, the estimates listed above are subject to
change and should only be used for general planning purposes. However, the maximum
estimated cost per task, and the total maximum will not be exceeded without prior written
approval of the City.
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EXHIBIT B
PROPOSED SCHEDULE -- Tasks #1 Thru #5
Task 1 Define Features
Start Nov. 6, 1995 / End Nov. 10, 1995
Task 2 Assemble Elements
Start Nov. 13, 1995 / End Nov. 17, 1995
Task 3 Regulatory Reviews
Start Dec. 4, 1995 / End Jan. 19, 1996
Task 4 Regulatory Comments
Start Jan. 22, 1996 / End Feb. 23, 1996
Task 5 Summary w/ Recommendations
Start Feb. 26, 1996 / End Mar. 22, 1996
EXHIBIT C
FEE SCHEDULE
Fees for services shall estimated based on the rate schedule set forth below. Rates
shown include salary costs, overhead costs, profit. All rates shown are on a per hour
basis.
Labor
Project Manager
Senior Surveyor
Senior Design Engineer
Engineer - EIT *
CAD Drafting *
Engineering Tech *
Clerical Staff*
Expenses
Reimbursable Expenses **
Task No. 1
Task No. 2
Task No. 3
Task No. 4
Task No. 5
$118 . 00
$ 81 00
$ 79 . 00
$ 68 . 00
$ 60 . 00
$ 48 00
$ 41 .60
$1,000 00
$1,000.00
$ 100 .00
$ 400 .00
$ 500 00
* Estimated average hourly rate for this employee category. Where individual
wage rates vary from the average hourly rate listed above, the actual amount
charged will be the employee's actual wage rate times 3.2, which amount shall
include salary costs, overhead cost and profit. Any employee category not listed
will also be charged at their respective wage rate times 3.2 .
Reimbursable expenses include travel expenses if required, computer-aided
drafting equipment costs, expenses of additional insurance, including
professional liability insurance, required by the City in excess of that normally
carried by Engineer and Engineer's subcontractors, and other costs necessary
to complete the project, but not list herein.
BUSINESS OF THE CITY COUNC_
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1
For Meeting of 11/7/95
ITEM TITLE: Consideration of a Resolution Authorizing Execution of an Agreement with CH2M-Hill.,
for engineering and conceptual design services, assistance with regulatory agency
review, all relating to possible modifications for the intake of the Naches River Water
Treatment Plant.
SUBMITTED BY: Department of Assistant City Manager - Water & Irrigation Division
CONTACT PERSON/TELEPHONE: Doug Dodd, Superintendent of Water & Irrigation
575-6204
SUMMARY EXPLANATION:
Under the terms of this agreement the consultant will provide the City with a complete set of
conceptual design recommendations, assistance with reviews by regulatory agencies, and
preparation of a final report for the modifications that the City can utilize for budgeting and
development of a scope of services to obtain construction plans and specifications at a later date.
Staff has complied with the provisions of RCW 39.50 which concerns the procurement of
engineering and architectural services in the selection of CH2M-Hill, to perform this study in a
competent and timely manner.
The total amount budgeted to accomplish the Intake Modification Study is $15,000.00. The cost of
the work under the terms of this agreement shall not exceed $15,000.00. The associated schedule
shows work for the Intake Modification Study being completed no later than March 31, 1996.
Resolution X Ordinance _ _. _ Contract �� Other (Specify)
Fund Source: Water 477 - Capital mprovement Program
APPROVED FOR SUBMITTAL: \=-, �\
City Manager
STAFF RECOMMENDATION: Staff recommends approval of the resolution authorizing this
agreement with CH2M-Hill. for the services described therein.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution No. R-95-150